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Author: Harald Ginzky

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Marine Geo-Engineering: Legally Binding Regulation under the London Protocol journal article

Harald Ginzky, Robyn Frost

Carbon & Climate Law Review, Volume 8 (2014), Issue 2, Page 82 - 96

I. Introduction On 18 October 2013, the Contracting Parties to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping ofWastes and other Matter, 19721 adopted by consensus amendments to the Protocol to regulate marine geo-engineering. The amendments are a landmark for the international control of so called ‘climate engineering’ activities2 because, when they enter into force, they will be the first legally binding regulation of such activities in international law.

Regulating Climate Engineering: Paradigmatic Aspects of the Regulation of Ocean Fertilization journal article

Till Markus, Harald Ginzky

Carbon & Climate Law Review, Volume 5 (2011), Issue 4, Page 477 - 490

Climate engineering – understood as the deliberate, large-scale and technology-based manipulation of the environment to counteract anthropogenic climate change – is currently under discussion as a promising option for policy makers to combat climate change. Most climate engineering techniques are in a status nascendi, i.e., their effectiveness has yet to be proven. Ocean fertilization, however, constitutes a special case of a climate engineering technology because its effects have been relatively well researched. Additionally, ocean fertilization has become subject to regulation under public international law under the London Convention and London Protocol. This article will assess to what extent legal concepts discussed, developed and adopted in the regulatory process under the London Convention and Protocol can provide useful ideas and concepts – and possibly even offer models – for the future regulation of other climate engineering technologies. After an introduction (I.), existing and emerging rules under the international law of the sea that govern ocean fertilization will be outlined (II.). Subsequently, to justify our paradigmatic considerations, similarities between ocean fertilization and other proposed climate engineering technologies will be identified. Based on this, paradigmatic aspects of the legal concepts and principles developed in the course of the regulation of ocean fertilization under the London Convention and Protocol will be discussed (III.). A summary and outlook complete this article (IV.).

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